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Legislation #: 090336 Introduction Date: 4/23/2009
Type: Ordinance Effective Date: 5/31/2009
Sponsor: None
Title: Approving a preliminary Community Unit Project in District R-2a on an approximately 28.51 acre tract of land generally located at the northeast corner of N.E. 88th Street and N. Highland Avenue. (13987-CUP-1)

Legislation History
DateMinutesDescription
4/23/2009 Filed by the Clerk's office
4/23/2009 Referred to Planning and Zoning Committee
5/13/2009 Do Pass
5/14/2009 Assigned to Third Read Calendar
5/21/2009 Passed

View Attachments
FileTypeSizeDescription
090336.pdf Authenticated 294K AUTHENTICATED
090335,336.pdf Advertise Notice 8K Advertise Notice
13987-CUP-1 docket map.pdf Maps 122K docket map
Factsheet.xls Fact Sheet 67K Fact Sheet
C013987CUP1_STAFFRPT_03-17-09.doc Staff Report 71K Staff Report

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ORDINANCE NO. 090336

 

Approving a preliminary Community Unit Project in District R-2a on an approximately 28.51 acre tract of land generally located at the northeast corner of N.E. 88th Street and N. Highland Avenue. (13987-CUP-1)

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That a preliminary Community Unit Project in District R-2a (Two-Family Dwellings) on an approximately 28.51 acre tract of land generally located at the northeast corner of N.E. 88th Street and N. Highland Avenue, and more specifically described as follows:

 

TRACT I: All that part of the Southwest Quarter and all that part of the Southeast Quarter of Section 1, Township 51 North, Range 33 West of the Fifth Principal Meridian, Kansas City, Clay County, Missouri, being bounded and described as follows: Beginning at the Southeast corner of the Southwest Quarter of said Section 1; thence North 87 degrees 22 seconds 55 seconds West, along the South line of said Southwest Quarter 330.73 feet to the Southeast corner of a tract of land described in Book 4457 at Page 341 in the Office of the Recorder of Deeds in said Clay County; thence continuing North 87 degrees 22 minutes 55 seconds West (Deed - North 87 degrees 24 minutes 31 seconds West) along said South line, 274.31 feet to a point 50.00 feet East of the West line of the East half of the Southeast Quarter of said Southwest Quarter as described in said Book 4457 at Page 341; thence North 00 degrees 39 minutes 10 seconds East, 50.00 feet East of and parallel of said West line of the East half of the Southeast Quarter of said Southwest Quarter, 1265.91 feet (Deed-1265.61 feet) to the Centerline of Shoal Creek as described in Book 4457 at Page 341; thence along the centerline of Shoal Creek the following three courses as described in said Book 4457 at Page 341; thence South 25 degrees 51 minutes 02 seconds East, 147.09 feet; thence South 64 degrees 51 minutes 02 seconds East, 88.52 feet; thence North 87 degrees 10 minutes 48 seconds East (Deed - North 47 degrees 10 minutes 48 seconds East), 130.35 feet (Deed -127.49 feet) to the Northeast corner of a tract of land as described in said Book 4457 at Page 341; thence North 00 degrees 45 minutes 50 seconds East, along the Easterly prolongation of the East line of said Book 4457 at Page 341, 202.37 feet to the North line of the South One-Half of said Southwest Quarter; thence South 87 degrees 32 minutes 12 seconds East, along the North line of the South One-Half of said Southwest Quarter, 1.92 feet; thence South 00 degrees 42 minutes 30 seconds West (Deed - South 00 degrees 51 minutes 31 seconds West), 124.48 feet (Deed - 126.07 feet) to a point on the Westerly right-of-way line of Maplewood Parkway, as now established; thence South 62 degrees 52 minutes 07 seconds East (Deed - South 62 degrees 51 minutes 58 seconds East), along said Westerly right-of-way line, 172.36 feet (Deed - 166.94 feet); thence Southeasterly, along said Westerly right-of-way line, on a curve to the left having an initial tangent bearing of South 25 degrees 22 minutes 17 seconds East, a radius of 1613.00 feet, a central angle of 22 degrees 22 minutes 20 seconds, an arc distance of 629.83 feet; thence South 47 degrees 44 minutes 37 seconds East (Deed - South 47 degrees 44 minutes 28 seconds East), 277.25 feet; thence North 42 degrees 15 minutes 23 seconds East (Deed - North 42 degrees 15 minutes 32 seconds East), along said Westerly right-of-way line 5.00 feet; thence South 47 degrees 44 minutes 37 seconds East (Deed - South 47 degrees 44 minutes 28 seconds East) along said Westerly right-of-way line, 297.28 feet; thence Southeasterly, along said Westerly right-of-way line, on a curve to the right, tangent to the last described course, having a radius of 1157.00 feet, a central angle of 17 degrees 36 minutes 53 seconds, an arc distance of 355.70 feet (Deed - 354.31 feet) to a point on the South line of the Southeast Quarter of said Section 1; thence North 87 degrees 53 minutes 26 seconds West along said South line, 865.56 feet to the Point of Beginning. Containing 23.94 acres, more or less.

 

TRACT II: All that part of the Southeast Quarter of Section 1, Township 51 North, Range 33 West, Kansas City, Clay County, Missouri, being described as follows: Commencing at the Southwest corner of said Southeast quarter; thence South 87 degrees 53 minutes 26 seconds East, along the South line of said Southeast Quarter, 1095.45 feet to a point on the Easterly right-of-way line of Maplewood Parkway, as now established, said point being the True Point of Beginning of the tract to be herein described; thence Northwesterly along said Easterly right-of-way line, on a curve to the left, having an initial tangent bearing of North 24 degrees 56 minutes 38 seconds West, a radius of 1357.00 feet, a central angle of 22 degrees 47 minutes 59 seconds, an arc distance of 539.99 feet; thence North 47 degrees 44 minutes 37 seconds West (Deed - North 47 degrees 44 minutes 28 seconds West) along said Easterly right-of-way line, 297.28 feet; thence North 42 degrees 15 minutes 14 seconds East (Deed North 42 degrees 15 minutes 32 seconds East), along said Easterly right-of-way line, 305.26 feet (Deed - 305.61 feet) to the Westerly right-of-way line of Relocated Missouri Route 152, as now established; thence South 52 degrees 16 minutes 44 seconds East, along said Westerly right-of-way line, 30.14 feet; thence South 35 degrees 21 minutes 25 seconds East, along said Westerly right-of-way line, 682.34 feet to a point on the West line of a tract described in Book 2306 at Page 868 in the Office of the Recorder of Deeds in Clay County, Missouri; thence South 00 degrees 38 minutes 38 seconds East, along said West line, 286.07 feet to a point on the South line of said Southeast Quarter; thence North 87 degrees 53 minutes 26 seconds West, along said South line, 82.86 feet to the True Point of Beginning. Containing 4.57 acres, more or less.

 

is hereby approved, subject to the following conditions:

 

1.                  That the developer cause the area to be platted and processed in accordance with Chapter 66, Code of Ordinances of the City of Kansas City, Missouri, commonly known as the Subdivision Regulations.

 

2.                  That the developer submits a Macro/Micro storm drainage study to Development Services for review and acceptance for the entire development when the first plat is submitted, and that the developer construct any improvements as required by Development Services.

 

3.                  That the developer dedicate additional right of way for local as required by Development Services so as to provide a minimum width of 50 feet of right of way for N.E. 88th Street.

 

4.                  That the developer improve N.E. 88th Street to local street standards as required by Development Services, including curbs, gutters, storm sewers, sidewalks, streetlights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities.

 

5.                  That the developer secure permits for the sidewalks within the development at the time street improvement permits are secured as required by Development Services.

 

6.                  That the arterial improvements proposed on the development plans be reviewed and accepted by the Transportation Development Committee and the Impact Fee District Committee before an application for impact fee credits will be accepted.

 

7.                  That the developer obtain the grading consents, and all grading, temporary construction and drainage/sewer easements from the abutting property owner prior to submitting any public improvements.

 

8.                  That the developer subordinate to the City all private interest in the area of any right-of-way dedication as required by Development Services, and that the developer be responsible for all costs associated with subordination activities now and in the future.

 

9.                  That the developer submit a street name signage plan for the entire development area for approval by the Street Naming Committee prior to submittal of the first final plat.

 

10.              That the developer submit plans for grading, siltation, and erosion control to Development Services for review, acceptance, and permitting prior to beginning any construction activities, prior to recording the plat.

 

11.              That the developer secure a site disturbance permit from Development Services prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more, prior to recording the plat..

 

12.              That the developer secure permits to extend sanitary sewers to ensure individual service is provided to all proposed lots and determine adequacy as required by Development Services, prior to recording the plat.

 

13.              That the developer secure permits to provide a storm water conveyance system to serve all proposed lots within the development and determine adequacy as required by Development Services, prior to recording the plat.

 

14.              That the developer provide adequate sight distance for each street connection to N.E. 88th Street as required by Development Services.

 

15.              That the developer provide access restrictions to prohibit direct vehicular access to Maplewoods Parkway from all lots or units and that the restriction be placed on the final plat.

 

16.              That the developer grant a Surface Drainage Easement to the City as required by Development Services, prior to recording the plat.

 

17.              That the developer grant a BMP Easement to the City as required by Development Services, prior to recording the plat.

 

18.              That the developer enter into a covenant agreement for the maintenance of any stormwater detention area tracts as required by Development Services.

 

19.              That the developer extend water mains as required by the Water Services Department.

 

20.              That the developer construct sidewalks on the north and south sides of N.E. 88th Street.

 

21.              That the developer obtain approval from the Board of Zoning Adjustment for exceeding the height requirement and any other variances that may be required.

 

22.              That the developer construct the extension of N.E. 88th Street to Maplewoods Parkway and Maplewoods Parkway to the intersection of MO-152 and open, prior to the issuance of a building permit for any habitable structure.

 

23.              That the developer contribute $34,996.33 (3.3 acres required @$10,509.41/acre) in lieu of parkland dedication fees for 224 multifamily units and two single family units.

 

24.              That the developer submit a final plan to the City Plan Commission for approval, including plans for grading, landscaping, screening, berming, photometric study (showing zero footcandles at the property line), and building elevation drawings.

 

A copy of said Community Unit Project plan is on file in the office of the City Clerk with this ordinance and is made a part hereof.

 

Section B. That the Council finds and declares that before taking any action on the proposed Community Unit Project hereinabove, all public notices and hearings required by the Zoning Ordinance have been given and had.

 

_____________________________________________

 

I hereby certify that as required by Chapter 80, Code of Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

 

 

___________________________________

Secretary, City Plan Commission

 

Approved as to form and legality:

 

 

___________________________________

M. Margaret Sheahan Moran

Assistant City Attorney